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1. Web Site Content, Introduction and acceptance
Welcome to the FTH Fight Gear / From The Hood Apparel Inc. Web Site Community!
This website, http://www.fthfightgear.com / http://www.fromthehoodapparel.com , is a MMA networking website and online clothing store, facilitating interactive communications to an online community / members of the FTH site and providing high quality apparel items for sale to consumers, predominately Mixed Martial Arts enthusiasts. This website allows members to create unique personal profiles online and to participate in forums to communicate with others around the world who enjoy the exciting world of Mixed Martial Arts and combat sports (collectively, 'MMA'). The services offered by this website may include viewing news and information about the world of MMA, read and post messages in the Forums, 'Blogs,' participate in surveys and feedback polls, viewing videos or images involving MMA fighters or events, messaging, and other features, content, and information and purchase MMA gear and clothing.
This website is owned by From The Hood Apparel Inc. (the 'Company,' 'FTH Fight Gear / From The Hood Apparel, FTH,” 'We' or 'Us'), and it and its services are hosted in the United States. The following terms and conditions of use (the 'Terms of Use' or 'Agreement') apply to any and all visitors to and users of this site (hereinafter referred to as 'User' or 'You'). All access to and use of this website and any services provided by this website are governed by these Terms of Use, as well as by the website's privacy policy, Note that the use of certain material or the conduct of certain transactions on the site may be subject to additional terms and conditions that will be made available to User prior to using such material or completing such transactions. To be able to participate in this website's services, you may be required to agree to additional terms and conditions. Unless otherwise provided in any of the additional terms and conditions applicable to any of those website services in which you choose to participate, the additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. Also, note that, unless explicitly stated otherwise, any new features, products or Services that change, augment or enhance the current Services offered by this website shall be subject to and governed by these Terms of Use.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY AND YOUR AGREEMENT TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE AND IN OUR PRIVACY POLICY AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY. THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE AND/OR OF THE PRIVACY POLICY AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM. PLEASE NOTE THAT ONLY PERSONS AGED SIXTEEN YEARS OR OVER MAY AGREE TO THESE TERMS OF USE. PERSONS YOUNGER THAN SIXTEEN YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither FTH Fight Gear and or From The Hood Apparel Inc. nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. FTH Fight Gear and or From The Hood Apparel Inc. reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks, Copyright and Intellectual property
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Web Site, or any related software. All materials, including illustrations, designs, images, icons, photographs, video clips, and written and other materials that appear as part of this Site are copyrights, trademarks, and intellectual properties owned, controlled or licensed by FTH fight Gear / or From The Hood Apparel Inc. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of FTH Fight Gear and or From The Hood Apparel Inc. The Site as a whole is protected by copyright trademarks, all worldwide rights, titles and interests in and to which are owned by FTH fight Gear / or From The Hood Apparel Inc.
4. External Links
External links may be provided for your convenience, but they are beyond the control of FTH Fight Gear and or From The Hood Apparel Inc. and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of FTH Fight Gear and or From The Hood Apparel Inc. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
FTH Fight Gear and or From The Hood Apparel Inc. are not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by FTH Fight Gear and or From The Hood Apparel Inc. FTH Fight Gear and or From The Hood Apparel Inc. reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of FTH Fight Gear and or From The Hood Apparel Inc. 's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable the FTH Fight Gear and or From The Hood Apparel Inc. or international laws or intellectual property rights of FTH Fight Gear and or From The Hood Apparel Inc. or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law and you hereby indemnify FTH Fight Gear and or From The Hood Apparel Inc. against any loss, liability, damage or expense of whatever nature which FTH Fight Gear and or From The Hood Apparel Inc. or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Eligibility, Password Requirements and Protection Provision, and Using the Services
Use of and membership in the website and its Services are void where prohibited.
By using the website and its Services, You represent and warrant that (i) all Registration Information You submit is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are sixteen years of age or older; and (iv) Your use of the website Services does not violate any applicable law or regulation in your Country, State or Province.
When you register as a Member, You will be asked to choose a password. You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree to log off your account at the end of each session so that no one else can gain access to the website Services through Your account. You agree not to use the account, username, or password of another Member or User at any time or to disclose your password to any other person or entity. You agree to notify FTH Fight Gear / From The Hood Apparel Inc. immediately if you suspect that there has been any unauthorized use of your account or access to your password or if you believe the confidentiality of your password has been compromised in any manner.
Upon the submission of Your Registration Information and the completion of the registration process, subject to the provisions of this Agreement, You will be able to comment on Blogs/ forums, communicate with other Members, make Your first upload or posting to Your profile subject to the provisions of this Agreement, and engage in other Services and activities, including the posting of text, or any other materials or information (collectively, 'Content').
While FTH Fight Gear / From The Hood Apparel Inc. makes reasonable efforts to ensure that this website is available at all times, We do not guarantee, represent or warrant that this website or its Services will be uninterrupted or error-free, and We do not guarantee that Users will be able to access or use all of the FTH Fight Gear / From The Hood Apparel Inc. features and Services at all times. We also do not guarantee or warrant that any Content that you may have uploaded or otherwise used in connection with your profile or account will not be subject to inadvertent damage, corruption, or destruction. You are responsible for backing up and saving images and other Content. If any data, messages, images, videos, audio clips or other Content in your account or profile and/or which is stored on this website is lost or corrupted in any way, We have no obligation or liability to You. We assume no responsibility if this site or any of its Services become unavailable for any reason or fail to meet your requirements, or if any Services provide inaccurate or untimely info.
Uploaded Content and Conduct Relating to Posting Content
Please choose carefully the information or other Content that you upload or post on this website. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity or obscene, lewd, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information or other Content provided by Users and Members of this website (for example, in their profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FTH Fight Gear / From The Hood Apparel Inc. assumes no responsibility or liability for this material. We cannot control the use of our website and Services, and we (including our subsidiaries, affiliates, officers, agents, co-branders or other partners or employees) are not responsible or liable for the appearance on this website of such Content, images or material. However, if you become aware of misuse of this website or its Services by any person, please contact FTH Fight Gear / From The Hood Apparel Inc. via e-mail at info@fthfightgear.com.
FTH Fight Gear / From The Hood Apparel Inc. reserves the right, in its sole discretion and judgment, to reject, refuse to post or remove any posting (including private messages) by You, or to restrict, suspend, or terminate Your access to all or any part of this website or its Services at any time, for any reason or for no reason, without prior notice, and without liability. FTH Fight Gear / From The Hood Apparel Inc. may delete any Content or information that, in its sole discretion and judgment, may be offensive or illegal or may violate the rights, harm, or threaten the safety of any person. We may, at our discretion and in our judgment, contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website. We may provide copies of any relevant images, material or other content to the law enforcement authorities and, in that connection, we may also give them access to any personal data that is held by us. However, notwithstanding the foregoing, FTH Fight Gear / From The Hood Apparel Inc. assumes no responsibility for monitoring the website or its Services for such inappropriate Content or conduct. If, at any time, FTH Fight Gear / From The Hood Apparel Inc. chooses, in its sole discretion, to monitor the Content on the website or its Services, FTH Fight Gear / From The Hood Apparel Inc. nonetheless assumes no responsibility or liability for such Content, nor will FTH Fight Gear / From The Hood Apparel Inc. assume any obligations to modify or remove any inappropriate Content, nor assume any responsibility or liability for the conduct of any User who has submitted or posted any such inappropriate Content.
You are completely and solely responsible for the Content that you post on this website or through any of its Services, as well as for any material, information or other Content that You transmit or send to other Users or Members. In addition, you are completely and solely responsible for your interactions with other Users or Members. FTH Fight Gear / From The Hood Apparel Inc. does not endorse or sponsor any User or Member Content, nor does it have any control over User or Member Content. Posted Content is not necessarily reviewed by FTH Fight Gear / From The Hood Apparel Inc. prior to posting and does not reflect the opinions, policies or judgments of FTH Fight Gear / From The Hood Apparel Inc. FTH Fight Gear / From The Hood Apparel Inc. makes no warranties, express or implied, as to any User or Member Content, including as to the accuracy, integrity, quality or reliability of any such Content or as to any material or information that is transmitted or sent to any User or Member.
7. Warranties
FTH Fight Gear and or From The Hood Apparel Inc. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
FTH Fight Gear and or From The Hood Apparel Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither FTH Fight Gear and or From The Hood Apparel Inc. nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
FTH Fight Gear and or From The Hood Apparel Inc. do not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than FTH Fight Gear and or From The Hood Apparel Inc.). By accessing the website, you warrant and represent to FTH Fight Gear and or From The Hood Apparel Inc. that you are legally entitled to do so and to make use of information made available via the website.
10. General
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and FTH Fight Gear and or From The Hood Apparel Inc. in relation to your use of the website. Neither you nor FTH Fight Gear and or From The Hood Apparel Inc. shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and FTH Fight Gear and or From The Hood Apparel Inc. in respect of your use of the website.
10.2 Alteration
FTH Fight Gear and or From The Hood Apparel Inc. may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
10.4 Waiver.
No indulgence or extension of time which you or FTH Fight Gear and or From The Hood Apparel Inc. may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession.
FTH Fight Gear and or From The Hood Apparel Inc. shall be entitled to concede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to avoidance, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Maricopa, State of Arizona, independent of your actual state or county of residence and/or domicile. Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Maricopa, State of Arizona, and You and FTH Fight Gear / From The Hood Apparel Inc. hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non convenes.
10.8 Miscellaneous Requirements.
This Agreement, including this site's privacy policy, constitutes the entire agreement between FTH Fight Gear / From The Hood Apparel Inc. and you with respect to your use of this site, and shall not be modified except in a writing signed by both parties. If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to FTH Fight Gear / From The Hood Apparel Inc. The failure of FTH Fight Gear / From The Hood Apparel Inc. to exercise or enforce and provisions of this Agreement shall not constitute a waiver of such right or provision.
10.9 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
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